Injured Boy’s Family Sues Disneyland

The family of a 4 1/2-year-old boy severely brain damaged after being trapped under a Disneyland ride filed a lawsuit against the park late Tuesday afternoon demanding unspecified damages and a jury trial.

The complaint filed in Los Angeles County Superior Court accuses the Anaheim amusement park of negligence and wrongdoing that led to the Sept. 22 accident on the Roger Rabbit Car Toon Spin.

The suit comes on the heels of a state report issued Friday that criticizes Disneyland employees for improperly loading Brandon Zucker closest to the open entryway and apparently failing to lower the lap bar. The state Division of Occupational Safety and Health also is requiring park officials to make major safety changes before the ride can reopen.

Disneyland officials said Tuesday they continue to pray for Brandon’s recovery, but they have repeatedly denied any fault in the boy’s injuries.

“The only thing they’re going to understand is a lawsuit . . . and a jury telling them that they owe this family,” Los Angeles attorney Thomas Girardi said in an interview last week when the state report was released. Girardi was out of the country and could not be reached for comment Tuesday.

The boy fell out of the spinning “taxicab” in which he was riding with his mother and 6-year-old brother. He was pinned beneath the following car, carrying his father and grandmother. Their vehicle rolled over him, folding his 45-pound body in half, and dragged him about 10 feet. He was stuck under the heavy ride about 10 minutes before he was freed, according to fire and police reports.

Emergency crews found Brandon nearly lifeless, but it is unclear how long he went without oxygen. He suffered a fractured pelvis, broken tailbone, ruptured diaphragm, lacerated spleen and internal bleeding. Doctors say he also suffered severe brain damage--the extent of which is still unknown--and lost his vision.

The Zuckers recently relocated from Canyon Country in northern Los Angeles County to Irvine so they could be near Brandon, who is being treated at HealthBridge Children’s Rehabilitation Hospital in Orange.

The lawsuit accuses Disneyland of negligence, fraud and intentional infliction of emotional distress.

Disneyland spokesman Ray Gomez declined to answer any questions about the lawsuit and issued a prepared statement Tuesday.

“All of us at Disneyland were saddened by the tragic accident involving Brandon Zucker. Our hearts go out to him and his family, and we all pray for progress in his recovery,” the company statement reads.

“In 7 years, 20 million young people and adults have ridden the Roger Rabbit ride. During that time, only two incidents have occurred in which riders came out of the vehicle. One of the incidents resulted from a teenage rider intentionally getting out of the vehicle while it was moving. The injury to Brandon was not the result of any negligence or wrongdoing on the part of Disneyland or its cast members.”

The statement indicates that Disneyland is committed to supporting the Zuckers, but acknowledges that “this matter may have to be litigated.”

Among the charges laid out in the lawsuit filed by attorneys Girardi and Amy Fisch Solomon are that Disneyland:

* created dangerous ride conditions that allow passengers to be ejected;

* seated Brandon closest to the “gaping entryway,” allowing him to easily fall out;

* inadequately trained employees in emergency procedures;

* failed to make safety changes after a previous accident;

* attempted to block state legislation that increases safety and reporting requirements at amusement parks;

* cut funding for park safety.

Although the state investigation found that Disneyland’s emergency response was appropriate, and Disneyland officials have said park employees responded rapidly, the lawsuit says there was a “substantial delay” in contacting outside help. It also charges that employees walked away rather than helping the trapped child.

Visitors who witnessed the aftermath of the accident also sharply criticized park employees.

Columbia Ride Case Settled in October

Frank Leon, a witness who tried to free Brandon in the frantic moments after the accident, said he had to push past park employees to help David Zucker, Brandon’s father, who was screaming for help because he feared his son was dying.

“Whatever the lawyer is asking, that’s what they [Disney] should be giving,” said Leon, a San Bernardino resident who said he has not been contacted by the Zuckers or their attorney. “. . . [Disneyland] is supposed to be the happiest place on earth, and that one night, it was the saddest.”

In October, the family of a tourist killed in an accident two years ago settled their claim against Disneyland for an undisclosed amount. One expert estimated the amount may have topped $20 million.

In that accident on Christmas Eve 1998, a Washington tourist was killed when he was struck by a metal cleat that pulled free when the Columbia Sailing Ship docked.

A state investigation found that the employee in charge of docking the boat had been inadequately trained. Disneyland was fined $12,500, the maximum allowable. That accident prompted legislation requiring amusement parks to report injury accidents and authorizing annual state inspections. The Zucker boy’s accident is the first to be investigated under the new law.